Robert L.Glicksman - Environmental Protection: Law and Policy

ENVIRONMENTAL PROTECTION

EDITORIAL ADVISORS

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Alexander Bickel Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

ASPEN CASEBOOK SERIES

ENVIRONMENTAL PROTECTION

Law and Policy

Eighth Edition

Robert L. Glicksman

J.B. & Maurice C. Shapiro Professor of Environmental Law

The George Washington University Law School

David L. Markell

Steven M. Goldstein Professor

Florida State University College of Law

William W. Buzbee

Professor of Law

Georgetown University Law Center

Daniel R. Mandelker

Howard A. Stamper Professor of Law

Washington University School of Law

Daniel Bodansky

Regents Professor

Arizona State University Sandra Day OConnor College of Law

Emily Hammond

Glen Earl Weston Research Professor

The George Washington University Law School

Copyright 2019 Robert L. Glicksman, David L. Markell, William W. Buzbee, Daniel R. Mandelker, Daniel M. Bodansky, Emily Hammond.

Published by Wolters Kluwer in New York.

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Library of Congress Cataloging-in-Publication Data

Names: Glicksman, Robert L., author. | Markell, David L., author. | Buzbee, William W., author. | Mandelker, Daniel R., author. | Bodansky, Daniel, author. | Hammond, Emily (Law teacher), author.

Title: Environmental protection : law and policy / Robert L. Glicksman, J.B. & Maurice C. Shapiro Professor of Environmental Law, The George Washington University Law School; David L. Markell, Steven M. Goldstein Professor, Florida State University College of Law; William W. Buzbee, Professor of Law, Georgetown University Law Center; Daniel R. Mandelker, Howard A. Stamper Professor of Law, Washington University School of Law; Daniel Bodansky, Regents Professor, Arizona State University Sandra Day OConnor College of Law; Emily Hammond, Glen Earl Weston Research Professor, The George Washington University Law School.

Description: Eighth edition. | New York : Wolters Kluwer, [2019] | Series: Aspen casebook series | Includes bibliographical references and index.

Identifiers: LCCN 2018055949 | eISBN: 978-1-5438-1271-8

Subjects: LCSH: Environmental lawUnited States. | LCGFT: Casebooks (Law)

Classification: LCC KF3775 .G57 2019 | DDC 344.7304/6dc23

LC record available at https://lccn.loc.gov/2018055949

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To Emily and Bertie

R.L.G.

To Mona, Rebecca, Jenny, and Rachel, and in honor of my parents, William Markell (1923-2009) and Elaine Markell

D.L.M.

To Lisa, Tian, and Seana, and to my parents,
John and Ellen Buzbee

W.W.B.

To all my children and grandchildren

D.R.M.

To Anne, Maria, and Sarah

D.M.B.

To my family, especially Rachel

E.H.

SUMMARY OF CONTENTS

CONTENTS

PREFACE TO THE EIGHTH EDITION

These are contentious times in U.S. (and global) politics. Significant disagreement exists about approaches to governance and the content of policy. Environmental policy is no exception. Environmental law has always been a fast-moving field. The pace of developments since publication of the 7th edition of the casebook has been stunning, however. The Trump Administration has reversed or has attempted to reverse many Obama Administration policies and practices, most evidently and extensively in connection with climate change. Prominent examples include the Presidents announced intention to withdraw from the 2015 Paris climate agreement and the Environmental Protection Agency (EPA)s proposals to repeal and replace repeal the Clean Power Plan for regulating greenhouse gas emissions from electric generating facilities. Congresss use of the rarely invoked Congressional Review Act to repeal several EPA and Interior Department regulations ushered in further change.

The changes that have occurred since the 7th edition touch virtually every chapter of this book. Their fate often remains unclear, as some have only been proposed, and many of those that qualify as final actions have been challenged and are still pending in court. We have prepared this edition to be neutral in its political orientation. Our role is to enhance the capacity of students to think critically about legal and policy issues, to learn about the contents of environmental law, and to develop their own informed views.

This edition of the casebook describes the most significant legal and policy initiatives since the publication of the 7th edition. The basic structure of the book is unchanged, and most of the principal cases that appeared in the 7th edition have been retained. This edition adds important new cases, either as new principal cases or in textual treatment, in which recent upheavals in environmental law have been litigated. It also fully updates the text throughout, including discussion of a rare set of comprehensive statutory amendments (the first major overhaul of a federal environmental statute since 1996) to the Toxic Substances Control Act (TSCA) in .